1989 CRI. L.J. NOC 52 (ANDH.PRA.)
BHASKAR RAO,J.
C. Veerudu and another, Appellants and State of Andhra Pradesh, Respondent.
Criminal Appeal No.756 of 1987, D/- 10-6-1988.
(A) Penal Code (1860), S.498-A--'Mens rea' Is an essential Ingredients of the offence.
The sole constituent of offence, under S. 498-A is 'cruelty' Which mean 'wilful conduct'. The word wilful contemplates obstinate and deliberate behaviour on the part of the offender for it to amount to cruelty. Thus 'Mens rea' is an essential ingredient of the offence.
(B) Penal Code (1860), S. 498-A--'Cruelty'-- Standard of proof required to constitute--Whether same under Civil and Criminal Law.
The principles are that (i) the standards of proof of cruelty are higher in degree in criminal law than in civil law under the matrimonial causes, (ii) the intention or mens rea on the part of one spouse to injure the other is not a necessary element of cruelty in civil law for matrimonial causes while it is an essential element in criminal law, (iii) it is enough if cruelty is proved by preponderance of probabilities in civil law while in criminal trials the conduct of cruelty has to be proved beyond all reasonable doubt, (iv) it is immaterial in civil law whether the respondent's conduct was aimed at the other spouse or is due to unwarranted indifference attributable, perhaps, to selfishness or laziness while it is very much material in criminal proceedings, and (v) for the relief of matrimonial causes in civil law the conduct of the spouse need not necessarily result in danger of life, limb or health, but a reasonable apprehension of such a danger is enough whereas S.498-A IPC contemplates such a conduct besides being 'wilful' to result in the likelihood of driving the woman to commit suicide or to cause grave injury or danger to a life, limb or health.
Where the deceased wife was abused and beaten by the husband and the mother-in-law on 25-5-86 and in the early hours of the morning of 26-5-86 again both the accused abused and beat the deceased who locked herself in kitchen and burnt himself.
Held that the incidents on the night of 25-5-86 and in the early hours of 26-5-86 cannot be construed to be constituting 'wilful conduct' on the part of the accused so as to drive the deceased to commit the suicide. In the circumstances the incident of suicide was never contemplated by the accused and was purely accidental and accordingly the conduct of the accused cannot be termed to be 'wilful' so as to bring it within the four-folds of 'cruelty'. Equally for the above reasoning the accused cannot be said to have had the necessary mens rea to do the act which would amount to 'wilful conduct' so as to constitute an offence under s.498-A I.P.C.
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